The nullity of an arbitral award for lack of impartiality of the arbitrator, pursuant to Article 815, paragraph 1, No. 3, of the Code of Civil Procedure, falls within the...
The challenge to an arbitral award for nullity pursuant to Article 829 of the Code of Civil Procedure has the character of a limited challenge, being admitted exclusively for procedural...
An arbitration clause which confers upon the parties the mere faculty to refer the resolution of disputes to an arbitral tribunal, expressly providing that "the right to resort to the...
The arbitrability of disputes is the rule, whilst non-arbitrability constitutes the exception pursuant to Article 806 of the Code of Civil Procedure. Non-arbitrability occurs when the dispute has as its...
A preliminary objection based on an arbitration clause timely raised in opposition to an injunctive decree, when the arbitration is of a regular nature, constitutes a question of jurisdiction pursuant...
The objection based on an arbitration agreement in regular arbitration has a procedural character and constitutes a question of jurisdiction pursuant to Article 819-ter of the Code of Civil Procedure....
A partial award is immediately challengeable pursuant to Article 827, paragraph 3, of the Code of Civil Procedure only when, deciding on one or more claims, it has defined the...
An agreement for prorogation of jurisdictional competence, including arbitration clauses, exerts efficacy also in respect of persons who are assignees of the credit who have succeeded to the position of...
The vis attractiva of the arbitration clause operates in respect of all disputes which have their own causa petendi in the contract containing said clause, with the exclusion of those...
The judgment by which the judge denies his own jurisdiction in application of an arbitration clause is appealable exclusively by means of necessary reference on jurisdiction pursuant to Article 42...
To establish the admissibility of challenge of an award for violation of rules of law on the merits of the dispute pursuant to Article 829, paragraph 3, of the Code...
The validity of an arbitration clause which derogates from Italian jurisdiction in favour of foreign arbitrators must be evaluated according to the law chosen by the parties to govern the...